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Hello, can you help? I bought a fitbit surge (well actually I got it from Boots with my Boots points), in late Jan 2016. By end Aug the strap began to break away at the back, so I emailed Fitbit who sent me a replacement watch. About a month later I started to use the new one. So about beginning of Oct. Then about 3 weeks ago on the new one, the strap has started to come away at the front. I emailed them again and stated I didn't want another surge (the most expensive model they do, rrp £200) as I'd lost faith in it, so could I have something like an Alta rrp £100. They said no, I could have another surge or 50% off a different model (all other models are cheaper than the surge). I keep going back saying I don't want to have to pay £50 towards a £100 watch, in lieu of the faulty £200 watch that I no longer have faith in. They say they are sorry I'm upset and have offered me premium fitbit membership (worth £40 apparently) for a year as well, which I've said I"m not interested in, but won't budge on giving me a different model. What (if anything) can I do?

So I take it you didn't give boots the chance to remedy the problem after the first failure?

Technically they are right if that's the case, if you bypass the retailer then they don't need to get involved after that. If you go to the retailer first and they tell you to go to Fitbit then they are acting as Boots agents and you retain all rights with boots. it's a cop out from Boots really but right just the same.

If the goods were provided under guarantee and its provided with the goods at no extra cost, then it forms part of the contract of sale. Meaning that any repair/replacement carried out under the terms of the guarantee is basically you taking advantage of a contractual term/option - and contractual terms can never be used to limit or remove your statutory rights. Indeed, the guarantee needs to explicitly state that your statutory rights are not affected by the guarantee.

Different if you purchase an extended warranty though - the warranty would be a linked contract and any repair/replacement would be carried out under that contract for warranty services rather than the contract for the goods.

It appears, looking round online, that the "un-replaceable" strap is, in fact, completely replaceable. It looks a little fiddly thanks to the bluetooth antenna and some glue being used on assembly but straps are available on ebay & Amazon for under a tenner.

To be honest, having spent the last 20+ years changing watch straps, a year or so like isn't that unusual for rubber / resin ones. Unfortunately companies - starting with Casio - like to invent specific fixing which require specific straps rather than sticking with the tried, tested and utterly reliable 2 lugs with a spring bar between them. It's good for their business because you're tied to them and most consumers don't think that far ahead.

That's fine if / while replacements are available but sooner or later you end up with a piece of unwearable junk. The only way for that to change is for consumers to start rejecting that sort of design where possible and choosing designs that use a more universal fitting.

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